Home » Agreements to Expand the Scope of Judicial Review of Arbitration Awards

TITLE

Agreements to Expand the Scope of Judicial Review of Arbitration Awards

AUTHOR(S)

Younger, Stephen P.

PUB. DATE

September 1999

SOURCE

Albany Law Review;1999, Vol. 63 Issue 1, p241

SOURCE TYPE

Academic Journal

DOC. TYPE

Article

ABSTRACT

Addresses the question of whether or not parties should agree to judicial review and risk losing the time and cost savings that make arbitration attractive in the United States. Standards of judicial review; Risks of deferential review; Contractual expansions of the scope of judicial review.

Outlines reasons for the need for courts to adhere to the rule forbidding interlocutory review and not loosen the finality requirement of arbitrator's awards embodied in the Section 10(a)(4) of the U.S. Federal Arbitration Act. Description of arbitration; Motivation behind the Federal...

Analyzes the expanded grounds for judicial review of employment arbitration awards. History of arbitration; Statutory grounds for vacatur; Discussion on the judicially developed grounds for vacatur; Conclusion.

Asserts that allowing parties to agree to expand judicial review promoted the congressional intent underlying the Federal Arbitration Act (FAA) in the U.S. Background on FAA; Court cases dealing with attempts to broaden judicial review by contract; Policy arguments on the expansion of review;...

The article focuses on the proposed U.S. Arbitration Fairness Act (AFA). Topics include how the Act would amend the U.S. Federal Arbitration Act (FAA), the introduction of pre-dispute agreement exceptions, civil rights dispute arbitration, and judicial review of arbitration decisions....

The article focuses on what arbitrators and mediators should do if a judge extends deference to arbitration awards or mediated settlement agreements. Topics include the judicial review of arbitral awards, the U.S. Federal Arbitration Act (FAA), adherence to the scope of authority granted in the...

Presents a review of court decisions regarding arbitration. Obligation of a trade union to a fair representation in grievance processing; Issues in arbitration procedures and the determination for an arbitration agreement; Scope of judicial review, arbitrability and time limit for arbitration...

This article presents a court case, concerning Fils et Cables d'Acier de Lens and Midland Metals Corp., which deals with the appropriate scope of judicial review of an arbitration award. Parties to an arbitration agreement may provide for a scope of judicial review of the arbitral award greater...

Comments on the judicial review of the arbitration process in the U.S. Estimation that 99 percent of collective bargaining agreements provide for binding arbitration of contract disputes; Need for a balance between an arbitration award and the union's duty of fair representation to its members;...